BILL NUMBER: AB 2219	CHAPTERED  09/30/00

	CHAPTER   1076
	FILED WITH SECRETARY OF STATE   SEPTEMBER 30, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 30, 2000
	PASSED THE ASSEMBLY   AUGUST 29, 2000
	PASSED THE SENATE   AUGUST 28, 2000
	AMENDED IN SENATE   AUGUST 25, 2000

INTRODUCED BY   Assembly Member Battin

                        FEBRUARY 24, 2000

   An act to amend Section 29550.4 of the Government Code, relating
to booking fees, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2219, Battin.  Booking fees:  state reimbursement.
   Existing law authorizes a county to impose, among other fees with
respect to criminal justice services, a booking fee upon other local
agencies and colleges and universities for county costs incurred in
processing or booking persons arrested by employees of those entities
and brought to county facilities for booking or detention.
   Existing law continuously appropriates up to $50,000,000 annually
from the General Fund to the Controller for allocation to cities for
reimbursement for actual booking and processing costs paid to
counties.  Any city that does not pay booking or processing fees to a
county or any city that contracts with a county for the payment of
those fees is ineligible for that reimbursement.
   This bill would provide that any city that pays booking and
processing fees to another city is eligible for state reimbursement
for those fees.  The bill would prescribe criteria for that
reimbursement.  By making the annual appropriation available for a
new purpose, this bill would make an appropriation.
   This bill would incorporate additional changes in Section 29550.4
of the Government Code proposed by SB 225, that would become
operative only if SB 225 and this bill are both enacted and become
effective on or before January 1, 2001, and this bill is enacted
last.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 29550.4 of the Government Code is amended to
read:
   29550.4.  (a) Notwithstanding Section 13340, the sum of up to
fifty million dollars ($50,000,000) is hereby continuously
appropriated annually from the General Fund to the Controller
commencing with the 1999-2000 fiscal year for allocation to cities
for reimbursement for actual costs incurred by cities in the payment
of booking and processing fees pursuant to this article.  For the
1999-2000 fiscal year, this appropriation shall be allocated to
cities for reimbursement for actual costs incurred by them during the
period July 1, 1997, to July 1, 1998.  If the actual costs incurred
by cities during the period of July 1, 1997, to July 1, 1998, in the
payment to counties of booking and processing fees is greater than
fifty million dollars ($50,000,000), then the Controller shall
prorate the reimbursement to each city accordingly.
   (b) Not later than December 1, 1999, the Controller shall allocate
the funds appropriated pursuant to subdivision (a) to all qualified
cities and shall certify to the Director of Finance the actual amount
of money allocated to cities for the payment of booking and
processing fees pursuant to subdivision (a).
   (c) Notwithstanding any other provision of this article, any city
that pays booking and processing fees to another city is eligible for
reimbursement pursuant to this section on the same basis as a city
that pays booking and processing fees to a county.  The amount of
reimbursement for a city shall be based on the processing fees
charged by the county in which that city is located.  This
subdivision shall apply to reimbursements beginning in the 2000-01
fiscal year based on costs incurred in the 1997-98 fiscal year.
   (d) Any city that applies for reimbursement pursuant to this
section shall comply with all requests made by the Controller.  Any
city that contracts with a county for the payment of those fees shall
be ineligible for reimbursement pursuant to this section.
  SEC. 2.  Section 29550.4 of the Government Code is amended to read:

   29550.4.  (a) Notwithstanding Section 13340, the sum of up to
fifty million dollars ($50,000,000) is hereby continuously
appropriated annually from the General Fund to the Controller
commencing with the 1999-2000 fiscal year for allocation to cities
and qualified special districts for reimbursement for actual costs
incurred by cities and qualified special districts in the payment of
booking and processing fees pursuant to this article.  For the
1999-2000 fiscal year, this appropriation shall be allocated to
cities and qualified special districts for reimbursement for actual
costs incurred by them during the period July 1, 1997, to July 1,
1998.  If the actual costs incurred by cities and qualified special
districts during the period of July 1, 1997, to July 1, 1998, in the
payment to counties of booking and processing fees is greater than
fifty million dollars ($50,000,000), then the Controller shall
prorate the reimbursement to each city and qualified special district
accordingly.
   (b) Not later than December 1, 1999, the Controller shall allocate
the funds appropriated pursuant to subdivision (a) to all qualified
cities and qualified special districts and shall certify to the
Director of Finance the actual amount of money allocated to cities
and qualified special districts for the payment of booking and
processing fees pursuant to subdivision (a).
   (c) Notwithstanding any other provision of this article, any city
that pays booking and processing fees to another city is eligible for
reimbursement pursuant to this section on the same basis as a city
that pays booking and processing fees to a county.  The amount of
reimbursement for a city shall be based on the processing fees
charged by the county in which that city is located.  This
subdivision shall apply to reimbursements beginning in the 2000-01
fiscal year based on costs incurred in the 1997-98 fiscal year.
   (d) Any city or qualified special district that applies for
reimbursement pursuant to this section shall comply with all requests
made by the Controller.  Any city or qualified special district that
contracts with a county for the payment of those fees shall be
ineligible for reimbursement pursuant to this section.  A city that
has entered into a memorandum of understanding with its county
effective May 17, 1994, which agreement allows for the payment of
prepaid annual rent to satisfy the city's booking fee obligation,
shall be eligible to receive reimbursement pursuant to this section.

   (e) Any qualified city that did not apply for reimbursement
pursuant to this section at the time required to receive funds
allocated by the Controller not later than December 1, 1999, in the
1999-2000 fiscal year may apply for that reimbursement by October 1,
2000.  Any qualified special district may apply to the Controller for
reimbursement pursuant to this section for the 1999-2000 fiscal year
by October 1, 2000.
   (f) For the purposes of this section, "qualified special district"
means both of the following:
   (1) A district that supplants the law enforcement functions of the
county within the jurisdiction of that district.
   (2) A district that employs peace officers, as described in
Section 830.1 of the Penal Code, who are certified as meeting those
standards and requirements established pursuant to Article 2
(commencing with Section 13510) of Chapter 1 of Title 4 of Part 4 of
the Penal Code.
  SEC. 3.  Section 2 of this bill incorporates amendments to Section
29550.4 of the Government Code proposed by this bill and SB 225.  It
shall only become operative if (1) both bills are enacted and become
effective on or before January 1, 2001, (2) each bill amends Section
29550.4 of the Government Code, and (3) this bill is enacted after SB
225, in which case Section 29550.4 of the Government Code, as
amended by SB 225, shall remain operative only until the operative
date of this bill, at which time Section 2 of this bill shall become
operative, and Section 1 of this bill shall not become operative.
